CDC NSW Pty Ltd
[2024] FWCA 3846
•4 NOVEMBER 2024
| [2024] FWCA 3846 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
CDC NSW Pty Ltd
(AG2024/3900)
CDC NSW ENGINEERING ENTERPRISE AGREEMENT 2024
| Passenger vehicle transport (non rail) industry | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 4 NOVEMBER 2024 |
Application for approval of the CDC NSW Engineering Enterprise Agreement 2024.
An application has been made for approval of an enterprise agreement known as the CDC NSW Engineering Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CDC NSW Pty Ltd. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
I note that the provisions at clause 29.6(d) and clause 36.3 are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2024. The nominal expiry date of the Agreement is 31 December 2026.
DEPUTY PRESIDENT
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